Section 35 of the Indian Evidence Act and Section 29 BSA: Relevancy of Public Records
Entries in official registers, government records and electronic public records can be relevant evidence when made in the performance of a legal or official duty. Learn when the rule applies and how such records are proved in court.
Section 29 of the Bharatiya Sakshya Adhiniyam, 2023
Heading: Relevancy of entry in public record or an electronic record made in performance of duty.
An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.
Official source: Bharatiya Sakshya Adhiniyam, 2023, India Code (PDF).
Section 35 of the Indian Evidence Act, 1872
Heading: Relevancy of entry in public record made in performance of duty.
An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.
The reference to electronic records in the earlier provision reflects the amendment introduced by Act 21 of 2000, section 92 and the Second Schedule, with effect from 17 October 2000. For the former Act, see Indian Evidence Act, 1872 on India Code.
Essential conditions for relevance
- Official record: The entry must appear in a public or other official book, register, record or qualifying electronic record.
- Relevant subject: It must record a fact in issue or another relevant fact.
- Authorised maker: It must have been made by a public servant performing an official duty or by another person carrying out a duty specially imposed by law.
- Duty-linked entry: The circumstances of creation must connect the entry with the prescribed official or legal function.
These conditions concern the relevance of an entry. They do not automatically establish that every detail in it is accurate or conclusive.
Examples of records that may be relevant
- Birth or death entries recorded by an authorised registrar in the ordinary performance of statutory duties.
- Entries in land revenue or municipal registers maintained by responsible public officials.
- Official registration records, including legally maintained electronic entries.
- School admission registers, where the maker, source of information and statutory or official duty requirements are established.
Whether a particular entry proves age, ownership, identity or another disputed matter depends on the governing law, its source and reliability, and other evidence. For example, a revenue entry is not by itself a title deed.
How are public and electronic records proved?
Section 29 determines relevance, but proof and admissibility may involve additional provisions of the BSA. Sections 74 to 77 address public documents, certified copies and proof by certified copies. Sections 61 to 63 address electronic or digital records and the applicable requirements for proving electronic records.
Where the record is electronic, parties should consider the manner in which it was generated, preserved, authenticated and produced, including the certificate requirements of Section 63 where applicable. The fact that a document is an official record does not dispense with every rule governing its proof.
| Question | Relevant provision |
|---|---|
| Is an official register entry relevant? | BSA Section 29 (earlier Evidence Act Section 35) |
| What is a public document? | BSA Section 74 |
| How are certified copies issued and proved? | BSA Sections 75 to 77 |
| How are electronic records proved? | BSA Sections 61 to 63 |
Frequently asked questions
Does Section 35 of the Evidence Act still apply?
The BSA replaced the Indian Evidence Act with effect from 1 July 2024. However, Section 170 of the BSA contains repeal and savings provisions relevant to proceedings pending immediately before that date.
Is a public record conclusive proof of its contents?
No. Section 29 makes qualifying entries relevant; their evidentiary weight and whether they establish a disputed fact are assessed in light of the applicable rules and the remaining evidence.
Are electronic government records covered?
Yes. Section 29 expressly refers to electronic records, but the requirements for proving electronic records must also be considered.
Can any private entry become relevant under Section 29?
Not merely because it has been recorded. The entry must meet the statutory conditions, including the requirement of official duty or a duty specially imposed by law.
Official legal references
- Bharatiya Sakshya Adhiniyam, 2023 - Official India Code PDF
- Indian Evidence Act, 1872 - India Code
- India Code - Government of India legislation portal
This article provides general legal information. The relevant law, commencement and savings provisions, and judicial decisions should be checked for the facts and stage of each case.